NO PROVISION FOR APPEALS Sample Clauses

NO PROVISION FOR APPEALS. The Annex does not address the right to appeal of the accused against his or her conviction. The right of appeal is an essential fair trial guarantee.43 Any person convicted by the proposed special division should have the same right to appeal as anyone else convicted by another division of the High Court.
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NO PROVISION FOR APPEALS. 39 Clause 1 of the Annex makes clear that in case of any conflict, the provisions of the Agreement prevail over those in the Annex.‌ 40 See: Updated Set of Principles for the protection and promotion of human rights through action to combat impunity, U.N. Doc. E/CN.4/2005/102/Add.1, 8 February 2005, Principle 29: The jurisdiction of military tribunals must be restricted solely to specifically military offences committed by military personnel, to the exclusion of human rights violations which shall come under the jurisdiction of ordinary domestic courts or, where appropriate, in the case of serious crimes under international law, of an international or internationalized criminal court. 41 See: Amnesty International, Uganda: First ever arrest warrants by the International Criminal Court – a first step towards addressing impunity (AFR 59 /008/2005) (“The ICC in addition to prosecuting the accused, has a major role to play in working together with the government of Uganda and other governments to ensure that national courts investigate and, where there is sufficient admissible evidence, prosecute all persons suspected of such crimes including members of Ugandan government forces and their civilian superiors.)”‌ Paragraph 6.3 of the Agreement states: “Legislation shall introduce a regime of alternative penalties and sanctions which shall apply, and replace existing penalties, with respect to serious crimes and human rights violations committed by non-state actors in the course of the conflict.” The Annex does not address the right to appeal of the accused against his or her conviction. The right of appeal is an essential fair trial guarantee.43 Any person convicted by the proposed special division should have the same right to appeal as anyone else convicted by another division of the High Court.
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Related to NO PROVISION FOR APPEALS

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